You may recall my article from earlier in the year surrounding carers leave and the Carer’s Act 2023. At the time we could only speculate on a number of issues, but now details relating to the Carer’s Leave Act 2023 have been published after the draft regulations, Carer's Leave Regulations 2024, were laid in Parliament on 11 December 2023. This includes the announcement that the Act will come into force on 6 April 2024.
The Carer’s Leave Act 2023 will give employees who are unpaid carers up to five days unpaid leave from work a year in support of their caring responsibilities. The draft regulations set out important detail relating to the Act, confirming previous Government documentation published as the legislation was introduced into Parliament.
The draft regulations confirm the following:
- It is a day one right;
- Employees will need to have a dependant with a long term care need and will need to provide or arrange care for that dependant;
- The amount of notice an employee will need to give to their employer to take the leave is twice the length of time that needs to be taken, in advance of the earliest day of leave or three days in advance of the earliest day or part day specified in the notice;
- An employer cannot require an employee to supply evidence in relation to a request for carer’s leave before granting the leave;
- If an employee fails to give the requisite notice, an employer may choose to waive the requirement;
- Leave will be able to be taken in half or full days, up to and including taking a block of a whole week of leave at once;
- Employees are protected from detriment and dismissal because they take, or seek to take, carer’s leave (or the employer believes they are likely to do so); and
- The draft regulations confirm that the legislation will cover employees in England, Wales and Scotland.
We will provide further information and guidance in advance of the legislation coming into force on 6 April 2024.
Should you have any questions in relation to this, please do not hesitate to contact Emma-Louise Hewitt e.hewitt@sydneymitchell.co.uk on 0121 746 3300.
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